In 2019, the highest court in New York State held that at least one thing is not a recognized "general business practice": "On this appeal, we conclude that a general business practice of failing to promptly disclose coverage within the meaning of Insurance Law § 2601(a)(6) does not include violations of the timely liability disclaimer requirement of Insurance Law § 3420(d)(2)." Nadkos, Inc. v. Preferred Contractors Ins. Co. Risk Retention Grp. LLC, 34 N.Y.3d 1, 4, 132 N.E.3d 568, 569, 108 N.Y.S.3d 375, 376 (2019).
The issue of the Legal Bases of Statutory Liability in Settlement are discussed based on the decided case law including the Nadkos decision, in Section 3:28 in 1 DENNIS J. WALL, LITIGATION AND PREVENTION OF INSURER BAD FAITH (Thomson Reuters West, 3d Edition, forthcoming 2020 Supplement).
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